SCOTUS Grants Cert on Another Crimmigration Case

Today, SCOTUS granted cert in Genalo v. Black, which is on appeal from the Second Circuit.

The petition for cert presented these issues:

(1) Whether there is a point at which an alien's detention under Section 1226(c), pending a decision on whether he is to be removed, becomes "unreasonably prolonged," such that due process requires a bond hearing; (2) whether, if so, due process in such a bond hearing requires placing the burden on the government to justify the alien's continued detention by clear and convincing evidence

In granting cert, SCOTUS directed the parties to also brief and argue "whether G.M.’s case is now moot."

Back to the Second Circuit. Two LPRs filed habeas petitions after being detained pursuant to 8 USC 1226(c) without any bond hearing: one for 7 months, the other for 21 months. The Second Circuit considered the cases together, writing:

On de novo review, we conclude that a noncitizen's constitutional right to due process precludes his unreasonably prolonged detention under section 1226(c) without a bond hearing. We further decide that Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976), supplies the proper framework for determining when and what additional procedural protections are due such a detainee. In Black's case, the district court properly required the government to show at such a bond hearing, by clear and convincing evidence, the necessity of his continued detention. It further correctly directed the immigration judge (“IJ”), in setting his bond and establishing appropriate terms for his potential release, to consider his ability to pay and alternative means of assuring appearance. As to Black, we therefore affirm the district court's judgment. As to G.M., we conclude that his detention had become unreasonably prolonged, and accordingly, we reverse.